Rough justice in mass future claims: Should bankruptcy courts direct tort reform?

The National Bankruptcy Review Commission was set up by the Congress in 1994 and charged with recommending reform of bankruptcy laws. Its report, issued in October 1997, proposes codifying authority in bankruptcy courts to reorganize or liquidate companies exposed to mass future claims. Unfortunatel...

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Bibliographic Details
Published in:	Texas law review Vol. 76; no. 7; p. 1695
Main Author:	Jones, Edith H
Format:	Journal Article
Language:	English
Published:	Austin University of Texas, Austin, School of Law Publications, Inc 01-06-1998
Subjects:	Asbestos Bankruptcy Bankruptcy laws Certification Civil procedure Class action lawsuits Deterrence Federal courts Justice Law Legal reform Liability Products liability Proposals Reform State court decisions Torts Trials United States United States > US
Online Access:	Get full text
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Summary:	The National Bankruptcy Review Commission was set up by the Congress in 1994 and charged with recommending reform of bankruptcy laws. Its report, issued in October 1997, proposes codifying authority in bankruptcy courts to reorganize or liquidate companies exposed to mass future claims. Unfortunately, the Commission had neither the time nor the expertise to compare carefully its recommendations with the precise problems imposed by mass product liability litigation on nonbankruptcy courts. This paper urges caution before bankruptcy courts enter deeper into the mass tort litigation fray.
Bibliography:	ObjectType-Article-1 SourceType-Scholarly Journals-1 ObjectType-Feature-2 content type line 23
ISSN:	0040-4411 1942-857X